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National Environmental Management: Protected Areas Act, 2003 (Act No. 57 of 2003)

Chapter 7 : Administration of Act

86. Regulations by Minister

 

(1) The Minister may make regulations that are not in conflict with this Act—
(a) regarding any matter that may or must be prescribed in terms of this Act;
(b) conferring additional powers or assigning additional duties to management authorities;
(c) regulating—
(i) biodiversity management and conservation in protected areas;
(ii) the use of biological resources in protected areas;
(iii) access to protected areas;
(iv) tourism in protected areas where tourism is allowed;
(v) activities that may be carried out in terms of section 50;
(vi) the use of land and water in protected areas;
(vii) community-based natural resource utilisation; or
(viii) consultation activities which are required in terms of this Act.
(d) prohibiting or restricting—
(i) activities that have an adverse effect in protected areas;
(ii) the use of biological resources in protected areas;
(iii) land uses in protected areas that are harmful to the environment;
(e) providing for the establishment of advisory committees for protected areas, the appointment of members and their role;
(f) setting norms and standards for the proper performance of any function contemplated in this Act, and the monitoring and enforcing of such norms and standards;
(g) regarding any other matter which it is necessary or expedient to prescribe for the proper implementation of administration of this Act.

 

(2) Any regulation with material financial implications must be made with the concurrence of the Cabinet member responsible for finance.

 

(3) Before publishing any regulation contemplated in subsection (1), the Minister must publish the draft regulations in the Gazette for public comment.